u/s 138 negatiable instrument act legal notice

[Vinay Tomar]

sir
i file a case u/s 138 negotiable instrument act. i have a problem that in the postal recipt address of accused mentioned wrong by postal department. what is the effact this mistak on my case. postal artical not recived by me back.

[Dr. Ashok Dhamija]

You have said the postal department has mentioned the address wrongly in the postal receipt, but the address on the envelope / letter (that you sent to the accused) would have been written by you and would have been written correctly. Since it would have been sent by registered post or speed post, you can check the status of the post online on the website of the post department to find out whether it has been delivered or not. Moreover, in case it is not delivered, the reason would be shown in the online status, and in that case the envelope / letter should come back to you if you have mentioned your own address correctly.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Vinay Tomar]

sir
i checked the online status but notice send more then one year ago so online status not available. i want to help that in that situation what can i do. applicant evidence is over and case fix for mulzim statement. what is the legal position if notice not deliverd to accused. please help me

[Dr. Ashok Dhamija]

You may try to get information from the postal department about the post sent by you, about delivery of the same to the accused. On their record (which may not be online now due to lapse of time), they may have the proof which may be useful to you.

Please also see the following articles, which may perhaps be useful to you since they cover similar situations:

• Proof of sending legal notice 138 NI Act
• Burden of proof of service of notice in cheque dishonour case, what if accused avoiding service?

Since your lawyer would have seen the full facts of your case, you may consult him in this regard. A person who has seen the detailed papers of the case can better suggest the possible solutions, if any.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Vinay Tomar]

thanks sir your information is very usefull to me

[Vinay Tomar]

i am also advocate in district court morena m.p.

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